Irwin Joseph Dickstein, 87, from Frederick, Maryland faces first and second-degree murder charges after allegedly confessing to his pastor that he shot his roommate to death. Can a pastor break the confidentiality of a confession and report it to the cops? Read on to find out.
A Church Confession
According to US Weekly, the arrest of Dickstein came after he “allegedly confessed to his pastor that he killed his roommate following an argument over an electrical outlet.”
The outlet added that a man who drove the suspect to the church “said Dickstein told him he needed to talk to a pastor, and he saw the defendant leave what appeared to be a firearm in the trunk of his vehicle.”
Investigators later recovered a Beretta handgun inside a case in the vehicle.
The Independent reported that “an associate pastor at the Frederick Christian Fellowship later told the sheriff’s office one of his congregants had confessed to the killing.”
The Arrest
Deputies arrived at the church while Dickstein was still there, and he allegedly told them the victim was at an address on Franklin Street. He then declined to answer further questions without an attorney.
Dickstein was later located at a different location and taken into custody without incident.
The Fatal Argument
Frederick News reveals the “Frederick County Sheriff’s Office notified FPD that Irwin Joseph Dickstein had reportedly told a witness that he shot his roommate.”
Police were called to a Franklin Street home for a welfare check on Sunday, Sept. 20 and officers found 63-year-old Michael Roy Bushnell dead inside, suffering from multiple gunshot wounds. The residence wasn’t locked, and officers entered to check it out.
Neighbors told police it all began with a dispute over home repairs. According to charging documents, Bushnell had turned off the power to the house while trying to fix an electrical outlet, which reportedly infuriated Dickstein.
A neighbor said Dickstein told him about that argument on Saturday afternoon. The same neighbor reported hearing “multiple loud bangs” coming from the direction of the home around 5:30 a.m. Sunday.
In a press release, the Frederick Police Department stated that “Dickstein had reportedly told a witness that he shot his roommate” and “provided the location where the incident allegedly occurred.”
Investigators believe this was an isolated incident and that there is no ongoing threat to the community.
Can a Pastor ‘Tell On’ a Parishioner?
Readers might wonder how a spiritual leader can legally report something said during a confession. Can a pastor actually tell on a parishioner?
The short answer appears to be yes. While many people assume anything told to clergy is protected by a total gag order, legal protections work quite differently in real life.
Per Westlaw, “A minister of the gospel, clergyman, or priest of an established church of any denomination may not be compelled to testify on any matter in relation to any confession or communication made to him in confidence by a person seeking his spiritual advice or consolation.”
But it doesn’t make it illegal for a pastor to voluntarily pick up the phone and report a killing, and the statute contains no listed exceptions for violent crime. So, simply making an admission to a pastor does not necessarily make it privileged.
Whether Dickstein’s alleged statement qualified would depend on the circumstances in which it was made. What we can say is that nothing in that Maryland statute appears to have barred the pastor from calling police to report the killing.
Pending Evaluation
Dickstein’s attorney, Paula Brooks of the Frederick County Public Defender’s Office, requested a competency evaluation during Monday’s bail hearing.
The state had no objection. Judge Dino E. Flores Jr. ordered Dickstein held without bail at the Frederick County Adult Detention Center pending a competency hearing.
State’s Attorney’s Office spokesperson Jacqueline Rottman said that if Irwin Joseph Dickstein is found competent, he can seek a new bail review, but “regardless, we will ask he be held since he presents a danger to the community.”
If found incompetent and dangerous, he would be committed until he regains competency. A competency hearing is scheduled for Oct. 13, with a preliminary hearing set for Oct. 21.
Your thoughts? Join the discussion and then come back here for more true crime news and updates. We also have a crime channel on TikTok that you can follow.